DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the
first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/14/2026 has been entered.
Response to Amendments
The amendment filed 01/14/2026 has been entered.
Claims 1 is amended.
Claims 1, 4-6, 8-16, 19-20, 23, and 25 are pending.
Response to Arguments
Applicant’s arguments, see pages 6-10, filed 01/14/2026, with respect to Claim Rejections under 35 U.S.C. 103 have been considered but they are not persuasive.
Applicant appears to argue that Moderegger and Burgess do not teach that the release means is configured to “sever the tether,” as recited in Claim 1. Examiner respectfully disagrees and asserts that Burgess teaches a “payload-release device” (Burgess [0037]) and an “emergency-release system” (Burgess [0091]) both of which are tantamount to the claimed release means configured to sever the tether.
Applicant appears to argue that Burgess is non-analogous art. In response to applicant’s argument that Burgess is non-analogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992).
In this case, Claim 1 is directed to a UAV that deploys/releases a payload (retroreflector decoys) via release means. The field of endeavor encompasses UAV systems and radar decoy systems. Burgess teaches a UAV that deploys/releases a payload. Therefore, Burgess is in the same field of endeavor and is analogous art.
Additionally, Burgess is reasonably pertinent to the problem faced by the inventor. The problem faced by the inventor can be understood has deploying/releasing a payload from a UAV. One of ordinary skill in the art would reasonably look beyond military systems and consider UAV systems in general, including the delivery system of Burgess. Therefore, Burgess is reasonably pertinent to the problem faced by the inventor and is analogous art.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Such claim limitation(s) is/are: “release means for separating the one or more retroreflectors from the propulsion unit…” in Claim 1.
Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C.
102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a
new ground of rejection if the prior art relied upon, and the rationale supporting the rejection,
would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the
claimed invention is not identically disclosed as set forth in section 102, if the
differences between the claimed invention and the prior art are such that the
claimed invention as a whole would have been obvious before the effective filing
date of the claimed invention to a person having ordinary skill in the art to which
the claimed invention pertains. Patentability shall not be negated by the manner in
which the invention was made.
Claims 1, 4-6, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Moderegger (US 2022/0290951) in view of Burgess (US 2018/0072419).
Regarding Claim 1, Moderegger teaches:
An airborne passive decoy system for use in a radio waveband ([0009]: “a decoy target comprising at least two corner reflectors which reflect radar radiation”), the system comprising a controllable aerial propulsion unit and one or more retroreflectors ([0009]: “at least two corner reflectors”; [0010]: “carrier system”), wherein the one or more retroreflectors are mounted on, contained within or otherwise borne by the controllable propulsion unit … ([0010]; Fig. 2a), and wherein the system is configured such that the one or more retroreflectors can be deployed as a decoy at a desired location and/or time ([0010]; [0020]; [0023]: Deploying the decoy at a certain location and/or time is necessary for deceiving a missile.),
wherein the airborne passive decoy system is an integral system ([0009]: “a system comprising at least one decoy target of this type or as described below is provided, wherein the system has a carrier system”; Fig. 2a),
wherein the controllable aerial propulsion unit is an unmanned aerial or unmanned aerial- aquatic vehicle configured such that a position of the decoy system can be influenced after launch as well as at launch ([0035]: “unmanned aircraft”),
wherein the system additionally comprises a release means for deploying the one or more retroreflectors from … the propulsion unit ([0022]: “The connection by the connecting elements can be permanent or temporary.”; [0027]),and
wherein the system additionally comprises a tether configured to link the one or more retroreflectors to the propulsion unit after deployment ([0022]: “connecting elements”; [0064]; Fig. 2a, 2b showing the decoy system, including a propulsion unit linked to retroflectors, in a “deployed state” (i.e., after deployment)).
Moderegger does not explicitly teach:
wherein the one or more retroreflectors are mounted on, contained within or otherwise borne by the controllable propulsion unit in a pre-deployed state,
wherein the system additionally comprises release means for deploying the one or more retroreflectors from the pre-deployed state at the propulsion unit,
or wherein the release means is further configured to sever the tether to dispense to dispense the one or more retroreflectors in order to allow reuse of the controllable aerial propulsion unit.
However, Burgess teaches a UAV payload delivery system, wherein the payload is mounted on, contained within or otherwise borne by the controllable propulsion unit in a pre-deployed state (Burgess [0037]: “As shown in FIG. 1A, the payload delivery system 110 may function to hold the payload 108 against or close to the bottom of the UAV 100, or even inside the UAV 100”),
wherein the system additionally comprises release means for deploying the payload from the pre-deployed state at the propulsion unit (Burgess [0037]: “the UAV's control system may operate the tether-deployment mechanism 104 such that the payload 108, secured by the payload-release device 106, is suspended by the tether 102 and lowered to the ground, as shown in FIG. 1B”), and
wherein the release means is further configured to sever the tether to dispense the payload in order to allow reuse of the controllable aerial propulsion unit (Burgess [0037]: “payload-release device 106 to release the payload 108, and thereby detach the payload 108 from the tether 102”; [0091]: “a UAV 100 may include an emergency-release system (not shown in the Figures), which is configured to cut or release the tether 102 from the UAV 100.”; [0092]: “sever the tether”).
It would have been obvious to one of ordinary skill in the art to modify Moderegger and contain the retroreflectors within the propulsion unit in a pre-deployed state, use release means to release the retroreflectors from the pre-deployed state, and use the release means to sever the tether and dispense the retroreflectors, as taught by Burgess. Using the release means to deploy the retroreflectors and sever the connection to the retroreflectors would be beneficial for controlling the timing and location of retroreflector deployment. Modifying Moderegger with the release means of Burgess involves combining prior art elements to yield predictable results.
Regarding Claim 4, Moderegger teaches: wherein the one or more retroreflectors comprise a parachute ([0034]).
Regarding Claim 5, Moderegger teaches: wherein the one or more retroreflector(s) are configured to transform from a collapsed state to an expanded state upon deployment ([0006]; [0028]: “it can be provided that the corner reflectors are foldable or inflatable corner reflectors”).
Regarding Claim 6, Moderegger teaches: wherein the one or more retroreflectors are corner reflectors ([0009]).
Regarding Claim 8, Moderegger does not explicitly teach – but Burgess teaches: wherein the controllable aerial propulsion unit is autonomous or semi-autonomous (Burgess [0003]: “autonomous”). It would have been obvious to modify Moderegger and use an autonomous controllable aerial propulsion unit, as taught by Burgess. Autonomous propulsion units are well-known in the art, and are beneficial for positioning the decoy system without human input.
Regarding Claim 10, Moderegger teaches: wherein the one or more retroreflectors comprise multiple reflective faces ([0012]: “octahedral radar reflector”).
Claims 9, 11-16, 19-20, 23, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Moderegger (US 2022/0290951) and Burgess (US 2018/0072419), as applied to Claim 1 above, and further in view of Kuperman (US 2022/0089295).
Regarding Claim 9, Moderegger does not explicitly teach – but Kuperman teaches: wherein the propulsion unit is foldable (Kuperman [0045]: “The present invention provides a UAV capsule, which is a container housing a UAV in a folded or otherwise compacted state and configured to be loaded into a compatible launcher or holder”).
In that Moderegger teaches foldable corner reflectors and configuring the decoy target to be launched ([0028]; [0033]), and Kuperman teaches a foldable UAV, it would have been obvious to modify the system of Moderegger with a foldable propulsion unit. A foldable propulsion unit allows for easier deployment of the system (Kuperman [0007-0011]).
Regarding Claim 11, Moderegger teaches:
An airborne passive decoy round for use in a radio waveband, wherein the decoy round comprises a passive decoy system … held within a casing and wherein the decoy round is configured to eject the decoy system from the casing at a predetermined time and/or location after launch ([0006]; [0028]; [0033]).
Moderegger does not explicitly teach – but Kuperman teaches:
wherein the decoy round comprises a passive decoy system according to claim 1 held within a casing (Kuperman [0045]; Examiner note: Modergger teaches the passive decoy system according to claim 1, and teaches decoy targets held within a casing, but does not explicitly teach that the UAV can be held within a casing. Kuperman teaches a foldable UAV in a casing.).
In that Moderegger teaches a decoy target held within a casing, and Kuperman teaches a foldable UAV held within a casing, it would have been obvious to modify the system of Moderegger to hold the decoy system according to claim 1 within the casing. Holding the system withing a casing allows for easier deployment of the system (Kuperman [0007-0011]).
Regarding Claim 12, Moderegger teaches: a passive decoy launching system comprising a launcher and a decoy round … ([0006]; [0028]; [0033]).
Moderegger does not explicitly teach – but Kuperman teaches: a decoy round according to claim 11 (Kuperman [0045]; Examiner note: see rejection for Claim 11 above).
In that Moderegger teaches launching a decoy target held within a casing, and Kuperman teaches launching a foldable UAV held within a casing, it would have been obvious to modify the launching system of Moderegger with the decoy round according to claim 11 to allow for easier deployment of the system (Kuperman [0007-0011]).
Regarding Claim 13, Moderegger teaches:
A method of deploying an airborne passive decoy for use in the radio waveband, said method comprising:
(i) providing an airborne passive decoy system according to claim 1 (Examiner note: see rejection for Claim 1 above);
(ii) identifying an incoming threat using a long-range detection system and determining a remote decoy location ([0017]: “if a missile … has been detected”);
(iii) using the controllable aerial propulsion unit to position the decoy system at or near the remote decoy location ([0017]; [0060]; Examiner note: in order to defend a missile attack, the decoy system would have to be positioned at the correct location), and
(iv) deploying the one or more retroreflectors ([0017]; [0064]: “decoy target 2 according to the invention in the deployed state”) involving releasing the one or more retroreflectors from the aerial propulsion unit ([0022]: “The connection by the connecting elements can be permanent or temporary.”; [0027]; [0065]: “the majority of corner reflectors 11 are connected to the aircraft 20 in a floating manner via the at least one connecting element 13”), wherein the one or more retroreflectors remain linked to the aerial propulsion unit after deployment by means of a tether ([0022]: “The connection by the connecting elements can be permanent or temporary.”; [0064]; Fig. 2a, 2b showing the decoy system, including a propulsion unit linked to retroflectors, in a “deployed state” (i.e., after deployment)).
Regarding Claim 14, Moderegger teaches:
A method of deploying a passive decoy for use in a radio waveband, said method comprising the steps of:
(i) providing a launching system … ([0033]);
(ii) identifying an incoming threat using a long-range detection system and determining a remote decoy location and trajectory ([0017]);
(iii) launching the decoy round and ejecting the decoy system at or near the remote location ([0017]; [0033]; [0060]); and
(iv) deploying the one or more retroreflectors ([0017]; [0064]) involving releasing the one or more retroreflectors from the aerial propulsion unit ([0022]; [0027]; [0065]), wherein the one or more retroreflectors remain linked to the aerial propulsion unit after deployment by means of a tether ([0022]; [0064]; Fig. 2a, 2b).
Moderegger does not explicitly teach – but Kuperman teaches:
(i) providing a launching system according to claim 12 (Examiner note: see Claim 12 above for rejection and obviousness rationale).
Regarding Claim 15, Moderegger teaches: wherein the aerial propulsion unit provides lift to the one or more retroreflectors at step (iv) ([0035-0038]).
Regarding Claim 16, Moderegger does not explicitly teach: wherein the remote location is revised or updated at or after step (ii) or (iii) and wherein the aerial propulsion unit repositions the decoy system based on the revised or updated remote location.
However, in that the decoy system of Moderegger uses UAVs to position the decoy system ([0060]) and is designed to protect against modern missiles ([0008]), especially the end phase of a missile attack ([0024]), it would have been obvious to modify the method of Moderegger to reposition the decoy system at an updated location in order to effectively defend a missile attack.
Regarding Claim 19, Moderegger teaches: wherein the airborne passive decoy system provided in claim 13 is provided on a maritime platform ([0016]).
Regarding Claim 20, Moderegger teaches: wherein the method involves providing a plurality of airborne passive decoy systems and/or launching systems and wherein the one or more retroreflectors of each airborne passive decoy system and/or associated airborne passive decoy system are deployed in conjunction with each other to create a spatially positioned array (Fig. 3; [0067-0068]).
Regarding Claim 23, Moderegger teaches: a method of using of a plurality of airborne passive decoy systems according to claim 1 to deploy a spatially positioned array of retroreflectors (Figs. 3, 4; [0067-0069]).
Regarding Claim 25, Moderegger teaches: wherein the spatially positioned array of retroreflectors mimic an object ([0009]; [0011]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH Y. ZHU whose telephone number is (571)270-0170. The examiner can normally be reached Monday-Friday, 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William J. Kelleher can be reached on (571) 272-7753. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOAH YI MIN ZHU/Examiner, Art Unit 3648
/William Kelleher/Supervisory Patent Examiner, Art Unit 3648